Supreme Court of India · 1999-03-17
MAKTOOL SINGH vs STATE OF PUNJAB
- Citation / case number
- SC 1998/20820
- Court
- Supreme Court of India
- Petitioner
- MAKTOOL SINGH
- Respondent
- STATE OF PUNJAB
- Author
- M.B.shah K.T.Thomas
- Bench
- M.B.shah K.T.Thomas
Judgment text excerpt
The Supreme Court held that under Section 32A of the Narcotic Drugs and Psychotropic Substances Act, 1985, no sentence awarded under the Act can be suspended during the pendency of an appeal, except for offences under Section 27. The Court clarified that Section 36B, which allows the High Court to exercise powers under the Code of Criminal Procedure, does not override the prohibition in Section 32A. Thus, the High Court's refusal to suspend the sentence was upheld, reinforcing the strict application of Section 32A.